Although these 2 states are all typically referred to as "Corporate Havens," there are significant differences between them. We prefer Nevada and its not because we live here! Here is why, Nevada law protects directors and officers from personal liability for acts committed on behalf of the corporation or by the corporation. Nevada has the most favorable corporate laws in the United States. It has the highest degree of privacy, and Nevada is the only state in the U.S. that does not share information with the Internal Revenue Service, not to mention no state taxes!
Take a look at the following list and see why people are flocking here to incorporate in Nevada:
*No Corporate Income Tax
*No Taxes on Corporate Shares
*No Franchise Tax or Gift Tax
*No Business and Occupation Tax
*No Stock Transfer Tax
*No State Personal Income Tax
*No I.R.S. Information Sharing Agreement
*Nominal Annual Fees
*Members do not have to be US citizens
*Minimal Reporting and Disclosure Requirements
*Stockholders are not a matter of Public Record
*Law requires only one member you can have an LLC with only one person
*Directors can change bylaws
*No minimum capital is required
*Only officers, directors, and resident agents are disclosed
*It offers its members the liability protection of a corporation.
*The LLC can elect to be taxed as a corporation or a partnership
In Nevada, you do not have to reveal the stockholders of a corporation. The only thing revealed is the identity of the officers. If you have nominee officers for your corporation, your name is not revealed. You, therefore, have privacy. No one knows who owns your corporation. If done properly, this can be a very valuable strategy for protecting assets.
The corporate veil in Nevada has only been pierced twice in the last 26 years, and both cases involved outright fraud.
Nevada Corporations have proven effective over time by thousands of clients from literally every state in the union and around the world.
Delaware used to be the most popular corporate haven, and is still favored by some publicly traded corporations. However, years of bureaucracy and unfavorable legislation has made it expensive to operate there. DE also has cases where an officer was personally exposed but had they been a NV entity they would have been protected.
Delaware's annual filing fee is about $150 - it's 125 in Nevada.
| So, Delaware or Nevada? |
Delaware |
Nevada |
| Franchise Tax: |
Yes |
No |
| State Personal Income Tax |
Yes |
No |
| State Corporate Tax |
Yes |
No |
| Reports Tax Information to the IRS |
Yes |
No |
| Requirement to Report Number of Shares Issued and Outstanding |
Yes |
No |
| Requirement to Report Date of Your Annual Meeting |
Yes |
No |
| Requirement to Report Place of Business Outside State of Incorporation |
Yes |
No |
| Stockholder Information is Public Record |
Yes |
No | |